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Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)

....e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......-O-Shisu Nirjatan Daman Bishesh Adalat No.2, Bagerhat would amount to harassment of the petitioners as well as abuse of the process of the Court and, as such, the charges that have been framed by the order No.17 dated 1-6-1997 and that the proceedings of the Case No.20 of 1997 are liable to be quash......Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......orted in: 51 DLR (HCD) (1999) 121. ..

Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88

Managing Director Dhaka WASA Vs. Superior Builders and Engineers Ltd., 1999, 28 CLC (AD)

....t the High Court Division acted in excess of jurisdiction. The cost has been rightly given. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 56. ......y Md. Aftab Hossain Advocate-on-Record — For the Respondent No.1. Not represented—Respondent Nos. 2-9. Civil Petition For Leave to appeal No. 740 of 1998. (From the Judgment and order dated 15-6-98 passed by the High Court Division in Writ Petition No.562 of 1998). Judgme...... in: 51 DLR (AD) (1999) 56. ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Managing Director, Dhaka WASA………………… Petitioner Vs. Superior Builders and Engineers Ltd………………........Respondents ..

Category: Contract Law | Date: 5 Jan, 1999 | Hits: 249

Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....cited Imam Shafei on Al Qur-an (11:241) commentary on the Holy Qur-an by Ibn Katheer (d 1373 AC Damas Cus) Translated by Danial Latifi) and Tafsere Tabare Sharif, 4th Volume, Allama Abu Jafar Tabari (published by Islamic Foundation in 1993). In one of the Tafsirs, there is support for the view taken......he defendant-appellant in his written statement expressed his willingness to pay the dower money claiming that he had already paid Taka 30,000.00. He stated that he had already sent a number of money orders to plaintiff No.1 before divorce towards her maintenance and maintenance of the minor son. So......ther…………………………………… Respondents Judgment December 3, 1998. (i) Muslim Law-Divorce and Maintenance-Meaning of ‘Mataa’ Per A.T.M. Afzal CJ: Mataa is something to which a div......he former husband is under an obligation to pay seems to follow naturally from the Ayat (241, Sura Bakara) itself. But the whole question is whether Mataa can be equated with maintenance as has been done by the High Court Division. We shall see whatever be the meaning of Mataa it is certainly not ma..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262

Firoz Miah Vs. State, 1998, 27 CLC (HCD)

....r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37....... AKM Zahirul Haque Assistant Attorney-General — For the State. Criminal Appeal No. 1417 of 1992. Judgment Md. Hamidul Haque J. - This appeal is directed against the judgment and order passed by the learned Special Tribunal and Sessions Judge, Brahmanbaria in Special Powers Act ......lf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37.......ing the appellant under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 sentencing him to imprisonment for life and to pay a fine of Taka 5,000.00 in default to suffer RI for one year more. 2. The prosecution case is that the deceased Sahara Begum was married to accused..

Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103

Imtiazur Rahman Farooqui (Md.) (MI Farooqui) Vs. Bureau of Anti-Corruption and Others, 1998, 27 CLC (HCD)

....out lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 421. ......— For the Respondents. Writ Petition No.1710 of 1994. Judgment Mainur Reza Chowdhury J. - By this Rule Nisi the respondents were called upon to show cause as to why the impugned order dated 12-9-94 (Annexure-B) and the purported proceedings contained in File No.3/Dar/92 (Bank) ...... the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 421. ......Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J MA Aziz J Imtiazur Rahman Farooqui (Md.) (MI Farooqui)…...........……Petitioner Vs. Bureau of Anti-Corruption and Others………...........…Re..

Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181

Molla Habibur Rahman Vs. Board of Intermediate and Secondary Education, Jessore and others, 1998, 27 CLC (HCD)

.... authority and to be of no legal effect. The order of stay granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 115. ......slam, Advocate- For the Respondent. Writ Petition No. 4005 of 1996. Judgment MA Aziz J. - This Rule Nisi was issued calling upon the respondents No. 1-4 to show cause, why the impugned order dated 14-9-96 vide Memo No. বিঅ 230/3204 should not be declared to have been passed with......stay granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 115. ......inal Jurisdiction) Present: Mahfuzur Rahman J MA Aziz J Molla Habibur Rahman.………………………………Petitioner Vs. Board of Intermediate and Secondary Education, Jessore and others……..

Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100

Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)

....he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150....... Involved: Not represented— the Petitioners. Md. Jahurul Islam Mukul, Advocate—For Opposite Parties. Civil Revision No. 864 of 1997. Judgment Gour Gopal Saha J.- In this Rule the order dated 26-11-96 passed by the Senior Assistant Judge, Jamalpur in OC Execution case disallowing......………… Petitioners Vs. Quyum Khan and others………………………Opposite Parties Judgment July 12, 1998. Case Referred To- Bijoy Krishna Paik and another Vs. Mamtazuddin Sk, 12 DLR 63 (4). Lawyers Involved: Not represented— the Petitioners. Md. Jahurul Isl......Reported in: 52 DLR (HCD) (2000) 150...

Category: Property Law | Date: 12 Jul, 1998 | Hits: 31

Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)

....and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ......on his behalf over the demand of dowry would be an offence under section 11 of the said Ain even though there was no previous agreement to pay the same. In the result, the Rule is discharged and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in a......order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ......CD) (1998) 603. ..

Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76

Social Marketing Company Vs. Universal Pharmaceuticals Ltd. and another, 1998, 27 CLC (HCD)

....y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ......cate ‑ For the Petitioner. Civil Order No.1944 of 1998. Judgment Syed JR Mudassir Husain J.- This revisional application at the instance of the plaintiff petitioner is directed against the order dated 31‑5‑98 passed by the learned Additional District Judge being in charge of District ......ction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ......orted in: 50 DLR (HCD) (1998) 587. ..

Category: Civil Law | Date: 4 Jun, 1998 | Hits: 106

Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)

.... are recalled and the petitioners/petitioner of the respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ......an (Bishesh Bidhan) Ain 1995 and in the charge‑sheet both the accused were shown as absconding and the Investigating Officer prayed for issuance of warrant of arrest and proclamation and attachment order against them. Nari‑0‑Shishu Nirjatan Case No.49 of 1998 was started in the Nari‑O‑Shis......e respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ......Supreme Court High Court Division (Criminal) Present: Kazi Ebadul Hoque J Md. Abdul Quddds J Dr. Mominur Rahman alias Zinna and another………………………..Petitioners Vs. State……………………….......Opposite Party Judgment June 2,..

Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111

Forhad Hossain (Md.) and others Vs. State, 1998, 27 CLC (HCD)

....nd then shall discharge the two girls from the judicial custody after a reasonable time. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 337. ...... Kowser, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No.19 of 1998 with Criminal Appeal No.106 of 1996. Judgment Md. Gholam Rabbani J.- On 24-2-98 we passed order in Criminal Miscellaneous Case No.19 of 1998 that this matter should be heard along with Crimi......icial custody after a reasonable time. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 337. ......ssed and Criminal Miscellaneous Case No.19 of 1998 is disposed of. Case Referred to- HM Ershad Vs. State, 45 DLR 433. Lawyers Involved: Md. Jahangir Alam, Advocate - For the Petitioner (In Criminal Misc. Case No.19 of 1998). Abu Salek, Advocate - For the Appellant (In Crimin..

Category: Women and Children | Date: 2 Apr, 1998 | Hits: 161

Lutful Karim and others Vs. Shahidullah and others, 1998, 27 CLC (AD)

....session has been erroneously not decided by the lower appellate court. For the above reasons, these petitions are dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 84. ......ondent No.1 (In both the Petitions). Not represented—Respondent Nos.2-17 (In both the Petitions). Civil Petition for Leave to Appeal Nos.57 and 58 of 1998. (From the judgment and order dated 19-8-97 passed by the high Court Division in Civil Revision Nos.3459 and 3460 of 1995). ...... Vs. Shahidullah and others.........................Respondents Judgment March 15, 1998. Result: The petitions are dismissed. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate Mohammad Ozair Farooq, Advocate with him) instructed by Md. Nawab Ali, Adv...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Lutful Karim and others............................Petitioners Vs. Shahidullah and others.........................Respondents Judgment M..

Category: Civil Law | Date: 15 Mar, 1998 | Hits: 5

Tarani Mohan Gosh and 2 others Vs. State and another, 1998, 27 CLC (HCD)

....sfied with the allegations made in the complaint petition filed by Gobinda Prashad Das registered as Special Case No.1 of 1992. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 575. ......t officers committed offences punishable under sections 323, 342, 352 of the Penal Code read with section 5(2) of the Anti‑Corruption Act. On 17‑2‑92 the learned Senior Special Judge passed the order as hereunder: "Heard the learned Counsel for the complainant. Seen the petition of c......etition filed by Gobinda Prashad Das registered as Special Case No.1 of 1992. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 575. ......R (HCD) (1998) 575. ..

Category: Anti-Corruption Laws | Date: 12 Feb, 1998 | Hits: 134

Makhon Lal Sarker Vs. Nihar Mondol alias Pagol and 8 others, 1998, 27 CLC (HCD)

....ay granted by this Court at the time of issuance of the Rule therefore stands vacated. The Lower Court records be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 464....... Judgment Md. Joynul Abedin J.- This Rule at the instance of the complainant arising out of an application under section 439 of the Code of Criminal Procedure calls in question the judgment and order dated 22-8-1995 passed by the Sessions Judge, Gopalganj in Sessions Case No.13 of 1995 framing......ce of the Rule therefore stands vacated. The Lower Court records be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 464.......Reported in: 51 DLR (HCD) (1999) 464...

Category: Women and Children | Date: 22 Jan, 1998 | Hits: 167

Idris Shaikh Vs. Jilamon Bewa and others, 1997, 26 CLC (AD)

....eason to differ. We have nothing to interfere in this case.  The petition is dismissed accordingly.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 161. ......efund Taka  20,000.00 which was paid as an advance and Taka 5,000.00 as compensation to the plaintiff within three months in default the plaintiffs suit would stand decreed in full without any order as to costs. Being aggrieved the plaintiff preferred Civil Revision No. 3503 of 1992 to the ...... petition is dismissed.  The Code of Civil Procedure, 1908 [V of 1908], Section 148 In a case where a court passes a decree for specific performance of contract the court retains the jurisdiction to extend time under section 148 of the Code of Civil Procedure, to deposit an......resent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf J  Bimalendu Bikash Roy Choudhury J Idris Shaikh………………….Petitioner Vs. Jilamon Bewa and others……………....Respondents Judgment ..

Category: Contract Law | Date: 11 Dec, 1997 | Hits: 221

State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)

....Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ......Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ......also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ...... ..

Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151

Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

....f without any prior notice evicted the plaintiff from the premises by the help of the police on 29-6-90. After eviction of the plaintiff the defendant in order to sell the suit property to the others published a public notice in the daily Ittefaq on 31-7-90. From this public notice, the plaintiff fo......th him), instructed by Sharifuddin Chaklader, Advocate-on-Record—For Respondent Nos.1 and 2. Not represented—Respondent No.3. Civil Appeal No. 43 of 1995. (From the Judgment and order dated 12 January 1995 passed by the High Court Division, Dhaka in FA No.63 of 1992). Jud......resent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Moktijoddah Kalyan Trust represented by the Managing Director…………………Appellant Vs. Kamal Trading Agency and others………â......bsequently, the Ministry of Industry and Commerce sold the disputed holdings to the appellant, Bangladesh Muktijoddah Kallyan Trust by a Registered Deed dated 10-8-1982 at a token price of Taka 1.00 (one) only. Respondent No.1 attorned as the tenant of the appellant at a monthly rent of Taka 10,000...

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292

Rehana Begum and another Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....le is made absolute without any order as to cost. The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ......fect. 2. The case of the petitioner is, in short as follows: The petitioner No.1 Rehana Begum aged about 18 years is at present detained in District Jail Sylhet under Judicial Custody by an order dated 30‑5‑96 passed by the Magistrate, 1st Class, Moulvibazar in GR Case No.299 of 1996 c......The petitioner No.1 Rehana Begum be set at liberty forthwith from this Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 557. ...... (Criminal) (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J Md. Hamidul Haque J Rehana Begum and another…………………………..................Petitioner Vs. Government of Bangladesh and others……………………………Respondents ..

Category: Women and Children | Date: 4 Sep, 1997 | Hits: 184

Miss Rowshan Ara Ahmed Vs. Secretary, Ministry of Home Affairs, Govt of Bangladesh, 1977, 6 CLC (HCD)

....his court. In the result the Rule is discharged. BadrulHaider Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 93       ......respondent No. 2 that the detune had been involved in activities prejudicial to the interest of Bangladesh and thereby he had been attempting to act prejudicially to the interest, security and public order of Bangladesh and his activities had been likely to prejudice public safety and disturb law an......BadrulHaider Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 93       ......e Court High Court Division (Special Original Jurisdiction) Present: Badrul Haider Chowdhury J Abdul Matin Khan Chowdhury J Miss Rowshan Ara Ahmed.................Petitioner Vs. Secretary, Ministry of Home Affairs, Govt of the People's Republic of Banglad..

Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3

Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)

....ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in:  31 DLR (HCD) (1979) 50 ......thing done or any action taken by or under this proclamation, or mentioned in this proclamation to have been done taken, or anything done or any action taken by or under the Martial Law Regulation or order made by me in pursuance of this proclamation." The question of ouster of jurisdiction has......trate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in:  31 DLR (HCD) (1979) 50 ......sion (Criminal Revisional Jurisdiction) Present: K.M Subhan J Abdul Wadud Chowdbury J Md. Khalilur Rahman………………................Petitioner Vs. The State ……………………&hellip..

Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2